(i) Maps and critical habitat unit descriptions for the island of Oahu, HI. The following paragraphs contain the legal descriptions of the critical habitat units designated for the Hawaiian island of Oahu. Existing manmade features and structures within the boundaries of the mapped units, such as buildings; roads; aqueducts and other water system features, including but not limited to, pumping stations, irrigation ditches, pipelines, siphons, tunnels, water tanks, gaging stations, intakes, reservoirs, diversions, flumes, and wells; existing trails; campgrounds and their immediate surrounding landscaped area; scenic lookouts; remote helicopter landing sites; existing fences; telecommunications equipment towers and associated structures, electrical power transmission and distribution lines, communication facilities and regularly maintained associated rights-of-way and access ways; radars; telemetry antennas; missile launch sites; arboreta and gardens, heiau (indigenous places of worship or shrines), and other archaeological sites; airports; other paved areas; and lawns and other rural residential landscaped areas do not contain one or more of the primary constituent elements described for each species in paragraph (j) of this section and therefore are not included in the critical habitat designations. Critical habitat units are described below. Coordinates in UTM Zone 4 with units in meters using North American Datum of 1983 (NAD83). The following map shows the general locations of the 317 critical habitat units designated on the island of Oahu.

(306) Critical habitat unit descriptions and maps, and a description of primary constituent elements, for Family Poacae: Panicum faurei var. carteri on the island of Oahu is provided in 50 CFR 17.96(a).

(j) Plants on Oahu; Constituent elements.

(1) Flowering plants.

Family Amaranthaceae: Nototrichium humile (kului)

Oahu 3—Nototrichium humile—a, Oahu 4—Nototrichium humile—b, Oahu 4—Nototrichium humile—c, and Oahu 4—Nototrichium humile—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Nototrichium humile on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Peucedanum sandwicense—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Peucedanum sandwicense on Oahu. Within this unit, currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Well-drained, dry slopes or rock faces in mesic shrublands or open grassy areas and containing one or more of the following associated native plant species: Bidens torta, Carex meyenii, Doryopteris sp., Eragrostis sp., Metrosideros polymorpha, or Metrosideros tremuloides; and

(ii) Elevations between 475 and 1,025 m (1,558 and 3,362 ft).

Family Apiaceae: Sanicula purpurea (NCN)

Oahu 20—Sanicula purpurea—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Sanicula purpurea on Oahu. Within this unit, currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 5—Spermolepis hawaiiensis—a and Oahu 31—Spermolepis hawaiiensis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Spermolepis hawaiiensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Steep or vertical cliffs or the base of cliffs or ridges in coastal dry cliff vegetation containing one or more of the following associated native plant species: Artemisia australis, Bidens sp., Dodonaea viscosa, Doryopteris sp., Heteropogon contortus, Santalum ellipticum, or Waltheria indica; and

Oahu 4—Dubautia herbstobatae—a, Oahu 4—Dubautia herbstobatae—b, and Oahu 7—Dubautia herbstobatae—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Dubautia herbstobatae on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Hesperomannia arborescens—a and Oahu 20—Hesperomannia arborescens—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Hesperomannia arborescens on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Lipochaeta lobata var. leptophylla—a and Oahu 15—Lipochaeta lobata var. leptophylla—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Lipochaeta lobata var. leptophylla on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Lipochaeta tenuifolia—a, Oahu 4—Lipochaeta tenuifolia—b, and Oahu 4—Lipochaeta tenuifolia—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Lipochaeta tenuifolia on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Tetramolopium filiforme—a and Oahu 4—Tetramolopium filiforme—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Tetramolopium filiforme on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Grassy ridgetops, slopes, or cliffs in windblown dry forests and containing one or more of the following associated native plant species: Bidens sp., Carex wahuensis, Eragrostis sp., or Metrosideros polymorpha; and

(ii) Elevations between 330 to 1,157 m (1,082 to 3,795 ft).

Family Brassicaceae: Lepidium arbuscula (anaunau)

Oahu 4—Lepidium arbuscula—a, Oahu 15—Lepidium arbuscula—b, and Oahu 15—Lepidium arbuscula—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Lepidium arbuscula on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Cyanea acuminata—a and Oahu 20—Cyanea acuminata—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea acuminata on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Cyanea crispa—a, Oahu 20—Cyanea crispa—b, Oahu 21—Cyanea crispa—c, and Oahu 35—Cyanea crispa—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea crispa on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Cyanea grimesiana ssp. grimesiana—a and Oahu 35—Cyanea grimesiana ssp. grimesiana—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea grimesiana ssp. grimesiana on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Cyanea koolauensis—a, Oahu 20—Cyanea koolauensis—b, Oahu 35—Cyanea koolauensis—c, and Oahu 35—Cyanea koolauensis—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea koolauensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Cyanea longiflora—a, Oahu 4—Cyanea longiflora—b, and Oahu 19—Cyanea longiflora—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea longiflora on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Cyanea pinnatifida—a, Oahu 15—Cyanea pinnatifida—b, and Oahu 15—Cyanea pinnatifida—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea pinnatifida on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Cyanea st.-johnii—a and Oahu 35—Cyanea st.-johnii—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea st.-johnii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Cyanea superba—a, Oahu 4—Cyanea superba—b, Oahu 4—Cyanea superba—c, and Oahu 35—Cyanea superba—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea superba on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Sloping terrain on a well drained rocky substrate within mesic forest containing one or more of the following associated native plant species: Diospyros sp., Hedyotis terminalis, Metrosideros polymorpha, Nestegis sandwicensis, Pisonia brunoniana, Psychotria sp., or Xylosma sp.; and

(ii) Elevations between 232 and 872 m (761 and 2,991 ft).

Family Campanulaceae: Cyanea truncata (haha)

Oahu 20—Cyanea truncata—a and Oahu 21—Cyanea truncata—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyanea truncata on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Lobelia gaudichaudii ssp. koolauensis—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Lobelia gaudichaudii ssp. koolauensis on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 30—Lobelia monostachya—a, Oahu 22—Lobelia monostachya—b, Oahu 33—Lobelia monostachya—c, and Oahu 35—Lobelia monostachya—d, identified in the legal descriptions in paragraph (i) of this section, constitutes critical habitat for Lobelia monostachya on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Steep, sparsely vegetated cliffs in mesic shrubland containing one or more of the following associated native plant species: Artemisia australis, Carex meyenii, Eragrostis sp., or Psilotum nudum; and

(ii) Elevation between 79 and 592 m (259 to 1,942 ft).

Family Campanulaceae: Lobelia niihauensis (NCN)

Oahu 4—Lobelia niihauensis—a and Oahu 17—Lobelia niihauensis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Lobelia niihauensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Lobelia oahuensis—a and Oahu 35—Lobelia oahuensis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Lobelia oahuensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Alsinidendron obovatum—a, Oahu 4—Alsinidendron obovatum—b, and Oahu 15—Alsinidendron obovatum—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Alsinidendron obovatum on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Alsinidendron trinerve—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Alsinidendron trinerve on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 1—Schiedea kealiae—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Schiedea kealiae on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Schiedea nuttallii—a, Oahu 15—Schiedea nuttallii—b, and Oahu 15—Schiedea nuttallii—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Schiedea nuttallii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Silene lanceolata—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Silene lanceolata on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Silene perlmanii—a, Oahu 15—Silene perlmanii—b, Oahu 15—Silene perlmanii—c, and Oahu 15—Silene perlmanii—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Silene perlmanii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 1—Cyperus trachysanthos—a, Oahu 28—Cyperus trachysanthos—b, Oahu 29—Cyperus trachysanthos—c, and Oahu 36—Cyperus trachysanthos—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyperus trachysanthos on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Mariscus pennatiformis—a and Oahu 4—Mariscus pennatiformis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Mariscus pennatiformis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Chamaesyce deppeana—a and Oahu 35—Chamaesyce deppeana—b, identified in the legal description in paragraph (i) of this section, constitute critical habitat for Chamaesyce deppeana on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Windward-facing ridge crests, cliff faces, and mixed native cliffs and containing one or more of the following associated native plant species: Bidens sandvicensis or Metrosideros polymorpha; and

(ii) Elevations from 274 to 661 m (899 to 2,168 ft).

Family Euphorbiaceae: Chamaesyce herbstii (akoko)

Oahu 4—Chamaesyce herbstii—a, Oahu 15—Chamaesyce herbstii—b, and Oahu15—Chamaesyce herbstii—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Chamaesyce herbstii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Chamaesyce rockii—a, Oahu 20—Chamaesyce rockii—b, and Oahu 20—Chamaesyce rockii—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Chamaesyce rockii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 3—Euphorbia haeleeleana—a and Oahu 4—Euphorbia haeleeleana—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Euphorbia haeleeleana on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Dry forest dominated by Diospyros sp. and containing one or more of the following associated native plant species: Dodonaea viscosa, Erythrina sandwicensis, Pleomele sp., Psydrax odorata, Reynoldsia sandwicensis, or Sapindus oahuensis; and

(ii) Elevations between 156 and 526 m (512 and 1,725 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

Oahu 4—Flueggea neowawraea—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Flueggea neowawraea on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 1—Sesbania tomentosa—a and Oahu 18—Sesbania tomentosa—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Sesbania tomentosa on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 1—Vigna o-wahuensis—a, Oahu 24—Vigna o-wahuensis—b, Oahu 25—Vigna o-wahuensis—c, and Oahu 26—Vigna o-wahuensis—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Vigna o-wahuensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Open dry fossil reef, with shrubs or grasses or fairly steep slopes; and

(ii) Elevations between 0 and 301 m (0 and 987 ft).

Family Gentianaceae: Centaurium sebaeoides (awiwi)

Oahu 1—Centaurium sebaeoides—a and Oahu 27—Centaurium sebaeoides—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Centaurium sebaeoides on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Volcanic or clay soils or cliffs in arid coastal areas or on coral plains and containing one or more of the following associated native plant species: Artemisia sp., Bidens sp., Jacquemontia ovalifolia ssp. sandwicensis, Lipochaeta succulenta, or Lysimachia sp.; and

(ii) Elevations between 1 and 161 m (3 and 528 ft).

Family Gesneriaceae: Cyrtandra dentata (haiwale)

Oahu 4—Cyrtandra dentata—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Cyrtandra dentata on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 35—Cyrtandra polyantha—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Cyrtandra polyantha on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Ridges of valleys in Metrosideros polymorpha mesic or wet forests and containing one or more of the following associated native plant species: Broussaisia arguta, Coprosma foliosa, Dicranopteris linearis, Machaerina angustifolia, or Psychotria sp.; and

(ii) Elevations between 312 and 783 m (1,023 and 2,568 ft).

Family Gesneriaceae: Cyrtandra subumbellata (haiwale)

Oahu 20—Cyrtandra subumbellata—a and Oahu 20—Cyrtandra subumbellata—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Cyrtandra subumbellata on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Moist slopes or gulch bottoms in wet forest dominated by Metrosideros polymorpha or a mixture of Metrosideros polymorpha-Dicranopteris linearis-Acacia koa and containing one or more of the following associated native plant species: Boehmeria grandis,Broussaisia arguta, Machaerina sp., or Thelypteris sp.; and

(ii) Elevations between 167 and 841 m (548 and 2,758 ft).

Family Gesneriaceae: Cyrtandra viridiflora (haiwale)

Oahu 20—Cyrtandra viridiflora—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Cyrtandra viridiflora on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Phyllostegia hirsuta—a, Oahu 15—Phyllostegia hirsuta—b, Oahu 15—Phyllostegia hirsuta—c, and Oahu 20—Phyllostegia hirsuta—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Phyllostegia hirsuta on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Phyllostegia mollis—a and Oahu 15—Phyllostegia mollis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Phyllostegia mollis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Phyllostegia parviflora—d, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Phyllostegia parviflora var. lydgatei on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Phyllostegia parviflora—a, Oahu 15—Phyllostegia parviflora—b, and Oahu 15—Phyllostegia parviflora—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Phyllostegia parviflora var. parviflora on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Stenogyne kanehoana—a and Oahu 15—Stenogyne kanehoana—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Stenogyne kanehoana on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Labordia cyrtandrae—a, Oahu 20—Labordia cyrtandrae—b, and Oahu 20—Labordia cyrtandrae—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Labordia cyrtandrae on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Oahu 1—Hibiscus brackenridgei—a and Oahu 4—Hibiscus brackenridgei—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Hibiscus brackenridgei ssp. mokuleianus on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(ii) Oahu 5—Hibiscus brackenridgei—c, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Hibiscus brackenridgei ssp. molokaiana on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(A) Dry shrublands containing one or more of the following associated native plant species: Doryopteris sp., Dodonaea viscosa, Heteropogon contortus, Sida fallax, or Waltheria indica; and

(B) Elevations between 32 to 490 m (105 to 1,607 ft).

Family Myrsinaceae: Myrsine juddii (kolea)

Oahu 20—Myrsine juddii—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Myrsine juddii on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Ridge crests or gulch slopes in wet forests or shrublands dominated by Metrosideros polymorpha or a mixture of Metrosideros polymorpha and Dicranopteris linearis and containing one or more of the following associated native plant species: Cheirodendron platyphyllum, Cheirodendron trigynum, Machaerina sp., Melicope clusiifolia, Psychotria mariniana, or Syzygium sandwicensis; and

(ii) Elevations between 384 and 867 m (1,260 and 2,844 ft).

Family Myrtaceae: Eugenia koolauensis (nioi)

Oahu 4—Eugenia koolauensis—a, Oahu 19—Eugenia koolauensis—b, and Oahu 20—Eugenia koolauensis—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Eugenia koolauensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Platanthera holochila—a and Oahu 20—Platanthera holochila—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Platanthera holochila on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Oahu 20—Plantago princeps—d and Oahu 20—Plantago princeps—e, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Plantago princeps var. longibracteata on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(A) Sides of waterfalls or wet rock faces and containing one or more of the following associated native plant species: Bidens sp., Coprosma granadensis, Eugenia sp., Lobelia gaudichaudii, Metrosideros rugosa, or Scaevola glabra; and

(B) Elevations between 211 and 885 m (692 and 2,903 ft).

(ii) Oahu 4—Plantago princeps—a, Oahu 4—Plantago princeps—b, and Oahu 15—Plantago princeps—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Plantago princeps var. princeps on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Eragrostis fosbergii—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Eragrostis fosbergii on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Lysimachia filifolia—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Lysimachia filifolia on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Mossy banks at the base of cliff faces within the spray zone of waterfalls or along streams in lowland wet forests and containing one or more of the following associated native plant species: Mosses, ferns, liverworts, or Pilea peploides; and

(ii) Elevations between 65 and 798 m (213 and 2,617 ft).

Family Rhamnaceae: Colubrina oppositifolia (kauila)

Oahu 4—Colubrina oppositifolia—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Colubrina oppositifolia on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Lowland dry or mesic forests dominated by Diospyros sandwicensisand containing one or more of the following associated native plant species: Alyxia oliviformis, Nestegis sandwicensis, Psydrax odorata, Reynoldsia sandwicensis, or Sapindus oahuensis; and

(ii) Elevations between 255 and 761 m (909 and 2,496 ft).

Family Rhamnaceae: Gouania meyenii (NCN)

Oahu 4—Gouania meyenii—a, Oahu 4—Gouania meyenii—b, Oahu 15—Gouania meyenii—c, and Oahu 31—Gouania meyenii—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Gouania meyenii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Gardenia mannii—a, Oahu 20—Gardenia mannii—b, and Oahu 20—Gardenia mannii—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Gardenia mannii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Hedyotis coriacea—a and Oahu 35—Hedyotis coriacea—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Hedyotis coriacea on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Steep, rocky slopes in dry to mesic Dodonaea viscosa dominated shrublands or forests and containing one or more of the following associated native plant species: Alyxia oliviformis,Leptecophylla tameiameiae, or Metrosideros polymorpha; and

(ii) Elevations between 78 and 836 m (256 and 2,742 ft).

Family Rubiaceae: Hedyotis degeneri (NCN)

Oahu 4—Hedyotis degeneri—a and Oahu 4—Hedyotis degeneri—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Hedyotis degeneri on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Hedyotis parvula—a, Oahu 15—Hedyotis parvula—b, Oahu 15—Hedyotisparvula—c, and Oahu 15—Hedyotis parvula—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Hedyotis parvula on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Cliff faces or their bases, rock outcrops, or ledges in mesic habitat and containing one or more of the following associated native plant species: Bidens sp., Carex sp., Chamaesyce sp., Dodonaea viscosa,Eragrostis sp., Metrosideros polymorpha,Metrosideros tremuloides,Plectranthus parviflorus,Psydrax odorata, or Rumex sp.; and

(ii) Elevations between 427 and 1,165 m (1,401 and 3,821 ft).

Family Rutaceae: Melicope lydgatei (alani)

Oahu 20—Melicope lydgatei—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Melicope lydgatei on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Ridges in mesic or wet forests containing one or more of the following associated native plant species: Acacia koa,Bobea elatior,Dicranopteris linearis, Metrosideros polymorpha,Psychotria sp., or Syzygium sandwicensis; and

(ii) Elevations between 101 and 671 m (331 and 2,201 ft).

Family Rutaceae: Melicope pallida (alani)

Oahu 4—Melicope pallida—a, Oahu 15—Melicope pallida—b, Oahu 15—Melicope pallida—c, Oahu 15—Melicope pallida—d, and Oahu 15—Melicope pallida—e, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Melicope pallida on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Melicope saint-johnii—a and Oahu 15—Melicope saint-johnii—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Melicope saint-johnii on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Alectryon macrococcus—a and Oahu 15—Alectryon macrococcus—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Alectryon macrococcus on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Solanum sandwicense—a, Oahu 15—Solanum sandwicense—b, and Oahu 15—Solanum sandwicense—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Solanum sandwicense on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Talus slopes or streambeds in open, sunny areas containing one or more of the following associated native plant species: Pisonia sp. or Psychotria sp.; and

Oahu 4—Isodendrion laurifolium—a, Oahu 4—Isodendrion laurifolium—b, and Oahu 35—Isodendrion laurifolium—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Isodendrion laurifolium on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Isodendrion longifolium—a and Oahu 20—Isodendrion longifolium—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Isodendrion longifolium on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 5—Isodendrion pyrifolium—a, Oahu 16—Isodendrion pyrifolium—b, and Oahu 17—Isodendrion pyrifolium—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Isodendrion pyrifolium on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by bare rocky hills or wooded ravines in dry shrublands from 37 to 692 m (121 to 2,270 ft).

Oahu 20—Viola oahuensis—a and Oahu 35—Viola oahuensis—b, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Viola oahuensis on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Pteris lidgatei—a, Oahu 20—Pteris lidgatei—b, and Oahu 20—Pteris lidgatei—c, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Pteris lidgatei on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Ctenitis squamigera—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Ctenitis squamigera on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 35—Diellia erecta—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Diellia erecta on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Diellia falcata—a, Oahu 4—Diellia falcata—b, Oahu 15—Diellia falcata—c, and Oahu 15—Diellia falcata—d, identified in the legal descriptions in paragraph (i) of this section, constitute critical habitat for Diellia falcata on Oahu. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 15—Diellia unisora—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Diellia unisora on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 4—Diplazium molokaiense—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Diplazium molokaiense on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Steep rocky wooded gulch walls in wet forests; and

(ii) Elevations between 618 and 1,202 m (2,027 and 3,943 ft).

Family Grammitidaceae: Adenophorus periens (pendent kihi fern)

Oahu 20—Adenophorus periens—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Adenophorus periens on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Oahu 20—Phlegmariurus nutans—a, identified in the legal description in paragraph (i) of this section, constitutes critical habitat for Phlegmariurus nutans on Oahu. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(k) Maps and critical habitat unit descriptions for the island of Hawaii, HI. The following sections contain the legal descriptions of the critical habitat units designated for the island of Hawaii. Existing manmade features and structures within the boundaries of the mapped unit, such as buildings, roads, aqueducts and other water system features (including but not limited to pumping stations, irrigation ditches, pipelines, siphons, tunnels, water tanks, gaging stations, intakes, reservoirs, diversions, flumes, and wells; existing trails), campgrounds and their immediate surrounding landscaped area, scenic lookouts, remote helicopter landing sites, existing fences, telecommunications towers and associated structures and equipment, electrical power transmission lines and distribution and communication facilities and regularly maintained associated rights-of-way and access ways, radars, telemetry antennas, missile launch sites, arboreta and gardens, heiau (indigenous places of worship or shrines) and other archaeological sites, airports, other paved areas, and lawns and other rural residential landscaped areas do not contain the primary constituent elements described for each species in paragraph (l) of this section and therefore are not included in the critical habitat designations. Coordinates are in UTM Zone 5 with units in meters using North American Datum of 1983 (NAD83). The following map shows the general locations of the 99 critical habitat units designated on the island of Hawaii.

(i) Acacia koaia lowland dry forest, primarily in gulches but also in remnant stands of forest, and containing one or more of the following associated native plant species: Dodonaea viscosa, Erythrina sandwicensis, Metrosideros polymorpha, Myoporum sandwicense, Osteomeles anthyllidifolia, Nestegis sandwicensis, Santalum ellipticum, or Sophora chrysophylla; and

(ii) Elevations between 646 and 1,509 m (2,120 and 4,949 ft).

Family Asteraceae: Argyroxiphium kauense (Mauna Loa silversword)

Hawaii 10—Argyroxiphium kauense—a, Hawaii 24—Argyroxiphium kauense—b, Hawaii 25—Argyroxiphium kauense—c, and Hawaii 30—Argyroxiphium kauense—d, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Argyroxiphium kauense on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 8—Clermontia drepanomorpha—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Clermontia drepanomorpha on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 1—Clermontia lindseyana—a, Hawaii 2—Clermontia lindseyana—b, and Hawaii 30—Clermontia lindseyana—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Clermontia lindseyana on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 1—Clermontia peleana—a, Hawaii 3—Clermontia peleana—b, and Hawaii 29—Clermontia peleana—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Clermontia peleana on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 1—Clermontia pyrularia—a and Hawaii 2—Clermontia pyrularia—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Clermontia pyrularia on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Wet and mesic montane forest dominated by Acacia koa or Metrosideros polymorpha, and subalpine dry forest dominated by M. polymorpha, and containing one or more of the following associated native plant species: Coprosma sp., Dryopteris wallichiana, Hedyotis sp., or Rubus hawaiensis; and

Hawaii 3—Cyanea platyphylla—a and Hawaii 29—Cyanea platyphylla—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Cyanea platyphylla on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 1—Cyanea shipmanii—a, Hawaii 30—Cyanea shipmanii—b, and Hawaii 30—Cyanea shipmanii—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Cyanea shipmanii on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Montane mesic forest dominated by Acacia koa-Metrosideros polymorpha and containing one or more of the following associated native plant species: Cheirodendron trigynum, Ilex anomala, or Myrsine lessertiana; and

(ii) Elevations between 1,629 and 2,025 m (5,345 and 6,645 ft).

Family Campanulaceae: Cyanea stictophylla (haha)

Hawaii 15—Cyanea stictophylla—a, Hawaii 16—Cyanea stictophylla—b, Hawaii 24—Cyanea stictophylla—c, and Hawaii 30—Cyanea stictophylla—d, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Cyanea stictophylla on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Acacia koa or wet Metrosideros polymorpha forests, containing one or more of the following associated native plant species: Cibotium sp., Melicope spp., or Urera glabra; and

(ii) Between elevations of 1,056 and 1,917 m (3,466 and 6,288 ft).

Family Campanulaceae: Delissea undulata (NCN)

Hawaii 10—Delissea undulata—a and Hawaii 10—Delissea undulata—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Delissea undulata on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Dry cinder cones and open Metrosideros polymorpha and Sophora chrysophylla forest, and containing one or more of the following associated native plant species: Acacia koa, Diospyros sandwicensis, Dodonaea viscosa, Nothocestrum breviflorum, Psychotria spp., Santalum paniculatum, or Sophora chrysophylla; and

(ii) Elevations between 893 to 1,734 m (2,928 to 5,690 ft).

Family Caryophyllaceae: Silene hawaiiensis (NCN)

Hawaii 25—Silene hawaiiensis—a and Hawaii 27—Silene hawaiiensis—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Silene hawaiiensis on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 10—Bonamia menziesii—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Bonamia menziesii on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 30—Sicyos alba—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Sicyos alba on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 19—Mariscus fauriei—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Mariscus fauriei on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 17—Flueggea neowawraea—a and Hawaii 18—Flueggea neowawraea—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Flueggea neowawraea on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 20—Sesbania tomentosa—a and Hawaii 23—Sesbania tomentosa—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Sesbania tomentosa on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 4—Vigna o-wahuensis—a, Hawaii 4—Vigna o-wahuensis—b, and Hawaii 4—Vigna o-wahuensis—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Vigna o-wahuensis on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 3—Cyrtandra giffardii—a, Hawaii 29—Cyrtandra giffardii—b, and Hawaii 30—Cyrtandra giffardii—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Cyrtandra giffardii on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Wet montane forest dominated by Cibotium sp. or Metrosideros polymorpha, and Metrosideros polymorpha-Acacia koa lowland wet forests, and containing one or more of the following associated native plant species: Astelia menziesiana, Diplazium sandwichianum, Hedyotis terminalis, Perrottetia sandwicensis, or other species of Cyrtandra; and

(ii) Between elevations of 654 and 1,440 m (2,146 and 4,723 ft).

Family Gesneriaceae: Cyrtandra tintinnabula (haiwale)

Hawaii 3—Cyrtandra tintinnabula—a and Hawaii 29—Cyrtandra tintinnabula—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Cyrtandra tintinnabula on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Lowland wet forest dominated by dense Acacia koa, Metrosideros polymorpha, and Cibotium spp. and containing one or more of the following associated native plant species: Cyrtandra spp. or Hedyotis spp.; and

(ii) Between elevations 641 and 1,391 m (2,102 and 4,565 ft).

Family Lamiaceae: Phyllostegia racemosa (kiponapona)

Hawaii 1—Phyllostegia racemosa—a, Hawaii 2—Phyllostegia racemosa—b, and Hawaii 30—Phyllostegia racemosa—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Phyllostegia racemosa on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Tree trunks in Acacia koa, Metrosideros polymorpha, and Cibotium sp. dominated montane mesic or wet forests and containing one or more of the following associated native plant species: Dryopteris wallichiana, Rubus hawaiiensis, or Vaccinium calycinum; and

(ii) Elevations between 1,371 and 1,935 m (4,498 and 6,349 ft).

Family Lamiaceae: Phyllostegia velutina (NCN)

Hawaii 24—Phyllostegia velutina—a and Hawaii 30—Phyllostegia velutina—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Phyllostegia velutina on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 3—Phyllostegia warshaueri—a and Hawaii 8—Phyllostegia warshaueri—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Phyllostegia warshaueri on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 7—Pleomele hawaiiensis—a, Hawaii 10—Pleomele hawaiiensis—b, Hawaii 18—Pleomele hawaiiensis—c, and Hawaii 23—Pleomele hawaiiensis—d, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Pleomele hawaiiensis on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 26—Hibiscadelphus giffardianus—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Hibiscadelphus giffardianus on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 10—Hibiscadelphus hualalaiensis—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Hibiscadelphus hualalaiensis on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 10—Hibiscus brackenridgei—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Hibiscus brackenridgei on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Acacia koa lowland mesic forest containing one or more of the following native plants species: Reynoldsia sandwicensis or Sida fallax; and

(ii) Elevations between 649 and 847 (2,130 and 2,779 ft).

Family Plantaginaceae: Plantago hawaiensis (laukahi kuahiwi)

Hawaii 24—Plantago hawaiensis—a, Hawaii 25—Plantago hawaiensis—b, and Hawaii 30—Plantago hawaiensis—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Plantago hawaiensis on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 21—Ischaemum byrone—a and Hawaii 22—Ischaemum byrone—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Ischaemum byrone on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Coastal wet to dry shrubland, near the ocean, rocks or pahoehoe lava in cracks and holes, and containing one or more of the following associated native plant species: Fimbristylis cymosa, or Scaevola taccada; and

(ii) Elevations between sea level and 28 m (0 and 91 ft).

Family Portulacaceae: Portulaca sclerocarpa (poe)

Hawaii 27—Portulaca sclerocarpa—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Portulaca sclerocarpa on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Weathered Mauna Kea soils, cinder cones, or geologically young lavas, in montane dry shrubland, often on bare cinder, near steam vents, or in open Metrosideros polymorpha dominated woodlands, and containing one or more of the following associated native plant species: Dodonaea viscosa,Melanthera venosa, or Sophora chrysophylla; and

(ii) Elevations between 941 and 1,634 m (3,087 to 5,360 ft).

Family Rhamnaceae: Colubrina oppositifolia (kauila)

Hawaii 10—Colubrina oppositifolia—a and Hawaii 18—Colubrina oppositifolia—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Colubrina oppositifolia on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 18—Gouania vitifolia—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Gouania vitifolia on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Dry, rocky ridges and slopes in dry shrubland or dry to mesic Nestegis-Metrosideros forests on old substrate kipuka and containing one or more of the following associated native plant species: Nephrolepis spp., Nestegis sandwicensis, Pipturus albidus, Wikstroemia phillyreifolia, or W. sandwicensis; and

(ii) Elevations between 536 and 1,020 m (1,757 and 3,346 ft).

Family Rubiaceae: Melicope zahlbruckneri (alani)

Hawaii 24—Melicope zahlbruckneri—a and Hawaii 26—Melicope zahlbruckneri—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Melicope zahlbruckneri on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 10—Zanthoxylum dipetalum ssp. tomentosum—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Zanthoxylum dipetalum var. tomentosum on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 5—Nothocestrum breviflorum—a, Hawaii 6—Nothocestrum breviflorum—b, and Hawaii 10—Nothocestrum breviflorum—c, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Nothocestrum breviflorum on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 10—Solanum incompletum—a and Hawaii 11—Solanum incompletum—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Solanum incompletum on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Dry to mesic forest, diverse mesic forest, or subalpine forest, and containing one or more of the following associated native plant species: Myoporum sandwicense, Myrsine lanaiensis, or Sophora chrysophylla; and

(ii) Elevations between 1,185 and 2,169 m (3,887 and 7,115 ft).

Family Urticaceae: Neraudia ovata (NCN)

Hawaii 10—Neraudia ovata—a and Hawaii 18—Neraudia ovata—d, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Neraudia ovata on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 12—Isodendrion pyrifolium—a and Hawaii 13—Isodendrion pyrifolium—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Isodendrion pyrifolium on Hawaii. Within these unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Lowland dry forests containing one or more of the following native plant species: Myoporum sandwicense, Psydrax odorata, Sida fallax, Sophora chrysophylla, or Waltheria indica; and

(ii) Elevations between 29 and 128 m (94 and 420 ft).

(2) Ferns and allies.

Family Aspleniaceae: Asplenium fragile var. insulare (NCN)

Hawaii 24—Asplenium fragile var. insulare—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Asplenium fragile var. insulare on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

(i) Metrosideros polymorpha dry montane forest; Dodonaea viscosa dry montane shrubland; Myoporum sandwicense-Sophora chrysophylla dry montane forest; Metrosideros polymorpha-Acacia koa forest; or subalpine dry forest and shrubland with large, moist lava tubes (3.05 to 4.6 m (10 to 15 ft) in diameter), pits, deep cracks, and lava tree molds that have at least a moderate soil or ash accumulation or that are at the interface between younger aa lava flows and much older pahoehoe lava or ash deposits with a fairly consistent microhabitat (areas that are moist and dark); and containing one or more of the following associated native plant species: Leptecophylla tameiameiae, Phyllostegia ambigua, Vaccinium reticulatum, mosses, or liverworts; and

(ii) Elevations between 1,313 and 2,194 m (4,306 and 7,198 ft).

Family Aspleniaceae: Diellia erecta (asplenium-leaved diellia)

Hawaii 17—Diellia erecta—a and Hawaii 18—Diellia erecta—b, identified in the legal descriptions in paragraph (k) of this section, constitute critical habitat for Diellia erecta on Hawaii. Within these units, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:

Hawaii 28—Adenophorus periens—a, identified in the legal description in paragraph (k) of this section, constitutes critical habitat for Adenophorus periens on Hawaii. Within this unit, the currently known primary constituent elements of critical habitat include but are not limited to, the habitat components provided by:

This subpart provides a means for establishing manatee protection areas without waters under the jurisdiction of the United States, including coastal waters adjacent to and inland waters within the several States, within which certain waterborne activities will be restricted or prohibited for the purpose of preventing the taking of manatees.

§ 17.101Scope.

This subpart applies to the West Indian manatee (Trichechus manatus), also known as the Florida manatee and as the sea cow. The provisions of this subpart are in addition to, and not in lieu of, other regulations contained in this chapter I which may require a permit or prescribe additional restrictions on the importation, exportation, transportation, or taking of wildlife, and the regulations contained in title 33, CFR, which regulate the use of navigable waters.

§ 17.102Definitions.

In addition to definitions contained in the Acts, part 10 of this subchapter, and § 17.3 of this part, and unless the context otherwise requires, in this subpart:

Authorized officer means any commissioned, warrant, or petty officer of the U.S. Coast Guard, or any officer or agent designated by the Director of the U.S. Fish and Wildlife Service, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of the Treasury, or any officer designated by the head of a Federal or State agency which has entered into an agreement with the Secretary of the Interior, Secretary of Commerce, Secretary of the Treasury, or Secretary of Transportation to enforce the Acts, or any Coast Guard personnel accompanying and acting under the direction of a person included above in this definition;

Idle speed is defined as the minimum speed needed to maintain steerage (direction) of the vessel;

Manatee protection area means a manatee refuge or a manatee sanctuary;

Manatee refuge means an area in which the Director has determined that certain waterborne activity would result in the taking of one or more manatees, or that certain waterborne activity must be restricted to prevent the taking of one or more manatees, including but not limited to a taking by harassment;

Manatee sanctuary means an area in which the Director has determined that any waterborne activity would result in a taking of one or more manatees, including but not limited to a taking by harassment;

Planing means riding on or near the water's surface as a result of the hydrodynamic forces on a water vehicle's hull, sponsons, foils, or other surfaces. A water vehicle is considered on plane when it is being operated at or above the speed necessary to keep the vessel planing;

Slow speed is defined as the speed at which a water vehicle proceeds when it is fully off plane and completely settled in the water. Due to the different speeds at which water vehicles of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to slow speed. A water vehicle is not proceeding at slow speed if it is: on a plane; in the process of coming up on or coming off of plane; or creating an excessive wake. A water vehicle is proceeding at slow speed if it is fully off plane and completely settled in the water, not creating an excessive wake;

Slow speed (channel exempt) means that the slow-speed designation does not apply to those waters within the maintained, marked channel;

Slow speed (channel included) means that the slow-speed designation applies both within and outside the designated channel;

Wake means all changes in the vertical height of the water's surface caused by the passage of a water vehicle, including a vessel's bow wave, stern wave, and propeller wash, or a combination thereof;

Waterborne activity includes, but is not limited to, swimming, diving (including skin and scuba diving), snorkeling, water skiing, surfing, fishing, the use of water vehicles, and dredging and filling operations;

Water vehicle, watercraft, and vessel include, but are not limited to, boats (whether powered by engine, wind, or other means), ships (whether powered by engine, wind, or other means), barges, surfboards, personal watercraft, water skis, or any other device or mechanism the primary or an incidental purpose of which is locomotion on, or across, or underneath the surface of the water.

The Director may, by regulation issued in accordance with 5 U.S.C. 553 and 43 CFR part 14, establish manatee protection areas whenever there is substantial evidence showing such establishment is necessary to prevent the taking of one or more manatees. Any regulation establishing a manatee protection area shall state the following information:

(a) Whether the area is to be a manatee sanctuary or refuge.

(1) If the area is to be a manatee sanctuary, the regulation shall state that all waterborne activities are prohibited.

(2) If the area is to be a manatee refuge, the regulation shall state which, if any, waterborne activities are prohibited, and it shall state the applicable restrictions, if any, on permitted waterborne activities.

(b) A description of the area sufficient enough so that its location and dimensions can be readily ascertained without resort to means other than published maps, natural or man-made physical reference points, and posted signs.

(c) Whether the designation is to remain in effect year-round, and if not, the time of year it is to remain in effect.

§ 17.104Prohibitions.

Except as provided in § 17.105,

(a) Manatee sanctuary. It is unlawful for any person to engage in any waterborne activity within a manatee sanctuary.

(b) Manatee refuge. It is unlawful for any person within a particular manatee refuge to engage in any waterborne activity which has been specifically prohibited within that refuge, or to engage in any waterborne activity in a manner contrary to that permitted by regulation within that area.

(c) State law. It is unlawful for any person to engage in any waterborne activity prohibited by, or to engage in any waterborne activity in a manner contrary to that permitted by, any State law or regulation the primary purpose of which is the protection of manatees: Provided: that such State law or regulation has been issued as part of a program which is determined to be in accordance with the Endangered Species Act of 1973, pursuant to section 6(c) of that Act (16 U.S.C. 1535(c)) or has been approved as consistent with the Marine Mammal Protection Act of 1972 in accordance with section 109 of that Act (16 U.S.C. 1379) and 50 CFR 18.53. 1

1Editorial Note: Section 18.53 was removed at 48 FR 22456, May 18, 1983. See the note at part 18, subpart F.

§ 17.105Permits and exceptions.

(a) The Director may issue permits allowing the permittee to engage in any activity otherwise prohibited by this subpart. Such permits shall be issued in accordance with the provisions of § 17.22 of this part. Such permits shall be issued only for scientific purposes or for the enhancement of propagation or survival. All of the provisions of § 17.22 shall apply to the issuance of such permits, including those provisions which incorporate other sections by reference. Compliance with this paragraph does not by itself constitute compliance with any applicable requirements of part 18.

(b) Any authorized officer may engage in any activity otherwise prohibited by this subpart if:

(1) The officer is acting in the performance of his or her official duties; and

(2) The activity is being conducted to directly protect any manatees, to enhance the propagation or survival of manatees, or is reasonably required to enforce the other provisions of this subpart.

(c) Any person may engage in any activity otherwise prohibited by this subpart if such activity is reasonably necessary to prevent the loss of life or property due to weather conditions or other reasonably unforeseen circumstances, or to render necessary assistance to persons or property.

(d) Any waterborne activity which would otherwise be prohibited by this subpart may be engaged in if it is conducted by or under a contract with a Federal agency and if the Secretary of Defense, in accordance with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C. 1536(j)) makes a finding that such activity is necessary for reasons of national security. Such a finding must be made prior to the beginning of the activity or the designation of the protection area, whichever occurs later; except that in the case of an emergency establishment of a protection area under § 17.106, the finding must be made within 10 days after the beginning of the activity or the designation of the protection area, whichever occurs later.

§ 17.106Emergency establishment of protection areas.

(a) The Director may establish a manatee protection area under the provisions of paragraphs (b) and (c) of this section at any time he determines there is substantial evidence that there is imminent danger of a taking of one or more manatees, and that such establishment is necessary to prevent such a taking.

(b) The establishment of a manatee protection area under this section shall become effective immediately upon completion of the following requirements:

(1) Publication of a notice containing the information required by § 17.103 of this section in a newspaper of general circulation in each county, if any, in which the protection area lies; and

(2) Posting of the protection area with signs clearly marking its boundaries.

(c) Simultaneously with the publication required by paragraph (b) of this section, the Director shall publish the same notice in the Federal Register. If simultaneous publication is impractical, because of the time involved or the nature of a particular emergency situation, failure to publish notice in the Federal Register simultaneously shall not delay the effective date of the emergency establishment. In such a case, notice shall be published in the Federal Register as soon as possible.

(d) No emergency establishment of a protection area shall be effective for more than 120 days. Termination of an emergency establishment of a protection area shall be accomplished by publishing notice of the termination in the Federal Register and in a newspaper of general circulation in each county, if any, in which the protection area lies.

(e) Within 10 days after establishing a protection area in accordance with this section, the Director shall commence proceedings to establish the area in accordance with § 17.103.

§ 17.107Facilitating enforcement.

Water vehicles operating in manatee sanctuary or refuge waters are subject to boarding and inspection for the purpose of enforcing the Acts and these regulations.

(a) The operator of a water vehicle shall immediately comply with instructions issued by authorized officers to facilitate boarding and inspection of the water vehicle.

(b) Upon being approached by an authorized officer, the operator of a water vehicle shall be alert for signals conveying enforcement instructions.

(c) A water vehicle signaled for boarding shall:

(1) Guard channel 16, VHF-FM, if equipped with a VHF-FM radio;

(2) Stop immediately and lay to or maneuver in such a manner as to facilitate boarding by the authorized officer and his or her party;

(3) When necessary to facilitate the boarding, provide a safe ladder, manrope, safety line and illumination of the ladder; and

(4) Take such other actions as may be necessary to ensure the safety of the authorized officer and his or her party and to facilitate the boarding and inspection.

(d) It is unlawful for any person to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or member of his or her party.

§ 17.108List of designated manatee protection areas.

(a) Manatee sanctuaries. The following areas are designated as manatee sanctuaries. All waterborne activities are prohibited in these areas during the period November 15-March 31 of each year. The areas which will be posted are described as follows:

(1) That part of Kings Bay, Crystal River, Citrus County, within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW1/4 fractional section 28, more particularly described as follows:

Beginning at Corner 1 (N-1,653,459/E-308,915) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay near the southwest corner of Lot 9 as accepted on a plat by the Department of the Interior, General Land Office, dated January 10, 1928; thence easterly, along said shoreline, approximately 1240 feet to Corner 2 (N-1,653,762/E/309,641) a point; thence S. 56°58′11″ W., across open water, 776.49 feet to Corner 3 (N-1,653,339/E-308,990) a point; thence N. 32°03′07″ W., across open water, 142.26 feet to the point of beginning, containing 3.41 acres, more or less, to be known as the Banana Island Sanctuary.

(2) That part of Kings Bay, Crystal River, Citrus County, Florida, within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW1/4 fractional section 28, more particularly described as follows:

Beginning at Corner 1 (N-1,652,684/E-309,396) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay, said point being the northwest corner of Lot 31 Sunset Shores Addition to Woodward Park (Plat Book 2, page 140 Citrus County Property Appraiser's Office); thence N. 35°05′33″ W., across open water, 439.10 feet to Corner 2 (N-1,653,043/E-309,144) a point; thence N. 67°23′28″ E., across open water, 873.45 feet to Corner 3, a point on the shoreline of Kings Bay said point also being a corner in the northerly boundary line of Lot 21 in said subdivision; thence southwesterly along said shoreline and the northerly boundary of Lots 21-31, including a canal, approximately 920 feet to the point of beginning, containing 5.62 acres, more or less, to be known as the Sunset Shores Sanctuary.

(3) A tract of submerged land, lying in Sections 21 and 28, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: All of the submerged land lying within the mean high water line of a canal bordering the western, northern, and eastern sides of Paradise Isle Subdivision, as recorded in Plat Book 3, Page 88 of the Public Records of Citrus County, Florida; bounded at the western exit by a line drawn between the southwestern corner of Lot 7 of said Paradise Isle Subdivision and the southeastern corner of Lot 22 of Springs O'Paradise Subdivision, Unit No. 3, as recorded in Plat Book 3, Page 70 of said Public Records; and bounded at the eastern exit by an easterly extension of the south boundary of said Paradise Isle Subdivision; Containing 3.4 acres, more or less.

(4) A tract of submerged land, lying in Sections 28 and 29, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 06°01′23″ W for 4466.90 feet to a 10-inch diameter concrete monument marking the Point of Beginning; Then go N 10°05′38″ W for 477.32 feet to a 10-inch diameter concrete monument with an attached buoy; Then go N 37°34′41″ E for 651.07 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 73°26′46″ E for 634.10 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 17°50′16″ E for 1691.53 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 71°48′58″ W for 117.87 feet to a 10-inch diameter concrete monument with an attached buoy; Then continue S 71°48′58″ W for 5 feet more or less to the mean high water line of Buzzard Island; Then follow said mean high water line northerly and westerly to a point lying S 10°05′38″ E of the point of beginning; Then go N 10°05′38″ W for 5 feet more or less to the point of beginning; Containing 18.0 acres, more or less.

(5) A tract of submerged land, lying in Section 28, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 28°55′06″ E for 2546.59 feet to a 4-inch diameter iron pipe marking the Point of Beginning; Then go N 44°23′41″ W for 282.45 feet to a 10-inch diameter concrete monument with an attached buoy; Then go N 33°53′16″ E for 764.07 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 31°51′55″ E for 333.22 feet to a 4-inch diameter iron pipe; Then continue S 31°51′55″ E for 5 feet more or less to the mean high water line of Banana Island; Then go westerly along said main high water line to a point lying S 44°23′41″ E from the point of beginning; Then go N 44°23′41″ W for 5 feet more or less to the point of beginning; Containing 4.6 acres, more or less.

(6) A tract of submerged land, lying in Section 28, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 06°43′00″ E for 1477.54 feet to a 10-inch diameter concrete monument marking the Point of Beginning; Then go N 06°24′59″ W for 251.66 feet to a 10-inch diameter concrete monument with an attached buoy; Then go N 65°41′12″ E for 637.83 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 55°40′52″ E for 272.86 feet to a 10-inch diameter concrete monument; Then continue S 65°15′06″ W for 857.22 feet to the point of beginning; Containing 4.0 acres, more or less.

(8) That part of the Homosassa River, Homosassa, Citrus County, Florida, within Section 28, Township 19 South, Range 17 East, described as the headwaters of the Homosassa River (adjacent to the Homosassa Springs State Wildlife Park), including the spring run at the point where the run enters the northeast fork of the river along the southeastern shore and an area opposite this site along the southern shoreline; containing approximately 0.67 ha (1.66 acres). Map follows (see Blue Waters Manatee Sanctuary):

ER08NO02.020

(9) That part of Tampa Bay, St. Petersburg, Pinellas County, Florida, within Sections 16 and 21, Township 30 South, Range 17 East, described as the warm-water outflow of the Bartow Electric Generating Plant located on the northern shore of Weedon Island, encircling that point where the discharge enters receiving waters along the western shore of Old Tampa Bay; to be known as the Bartow Electric Generating Plant Manatee Sanctuary, containing approximately 12.07 ha (29.82 acres). Map follows (see Bartow Electric Generating Plant Manatee Sanctuary):

ER08NO02.021

(10) That part of Tampa Bay, Tampa, Hillsborough County, Florida, within Sections 10 and 15, Township 31 South, Range 19 East, described as the waters in and around the warm-water outflow of the Tampa Electric Company Big Bend Electric Generating Station located west of Jackson Branch and including the Big Bend area of eastern Tampa Bay, to be known as the Tampa Electric Company Big Bend Manatee Sanctuary, containing approximately 12.08 ha (29.85 acres). Map follows (See TECO Big Bend Manatee Sanctuary):

ER08NO02.022

(11) That part of Tampa Bay, Tampa, Hillsborough County, Florida, lying within Section 4, Township 30 South, Range 19 East, described as the warm-water outflow of the Tampa Electric Company Gannon Electric Generating Station, to be known as the Port Sutton Manatee Sanctuary, containing approximately 1.1 ha (2.7 acres). Map follows (see Port Sutton Manatee Sanctuary):

ER08NO02.023

(b) Exceptions—(1) Exception for residents adjoining the areas described in paragraphs (a)(1) through (a)(7) of this section. Watercraft access to private residences, boat houses, and boat docks through these sanctuaries by the residents and their authorized guests is permitted. Any such authorized boating activity must be conducted by operating watercraft at idle speed/no wake. Residents' watercraft will be identified by the placement of a sticker provided by the Fish and Wildlife Service in a conspicuous location on each vessel. Use of the waters within the sanctuaries by watercraft will be only for the purpose of access to residences and the storage of such watercraft in waters adjacent to residences.

(2) Exception for publicly and privately owned property adjoining the areas described in paragraphs (a)(8) through (a)(11) of this section. Watercraft access and property maintenance activities within sanctuaries by property owners, their employees, and designees are permitted. Any such authorized boating activity must be conducted by operating watercraft at idle speed. Watercraft will be identified by the placement of a sticker provided by the Fish and Wildlife Service in a conspicuous location on each boat or by other means. Maintenance activities include those actions necessary to maintain property and waterways, subject to any Federal, State, and local government permitting requirements.

(c) Manatee refuges. The following areas are designated as manatee refuges. For each manatee refuge, we will state on appropriate signs which, if any, waterborne activities are prohibited, and state the applicable restrictions, if any, on permitted waterborne activities. The areas that will be posted are described as follows:

(1) The Barge Canal Manatee Refuge. (i) The Barge Canal Manatee Refuge is described as all waters lying within the banks of the Barge Canal, Brevard County, Florida, including all waters lying within the marked channel in the Banana River that lie between the east entrance of the Barge Canal and the Canaveral Locks; containing approximately 276.3 ha (682.7 acres).

(ii) Watercraft are required to proceed at slow speed (channel included) all year. The use of watercraft at speeds greater than slow speed is prohibited throughout the Barge Canal Manatee Refuge.

(iii) Map of the Barge Canal Manatee Refuge follows:

ER08NO02.024

(2) The Sykes Creek Manatee Refuge. (i) The Sykes Creek Manatee Refuge is described as all waters, including the marked channel in Sykes Creek, Brevard County, Florida. In particular, the portion of Sykes Creek southerly of the southern boundary of that portion of the creek commonly known as the “S” curve (said boundary being a line bearing east from a point on the western shoreline of Sykes Creek at approximate latitude 28 degrees 23′24″ N, approximate longitude 80 degrees 41′27″ W) and northerly of the Sykes Creek Parkway; containing approximately 342.3 ha (845.8 acres).

(ii) Watercraft are required to proceed at slow speed (channel included) all year. The use of watercraft at speeds greater than slow speed is prohibited throughout the Sykes Creek Manatee Refuge.

(iii) Map of the Sykes Creek Manatee Refuge follows:

ER08NO02.025

(3) The Tampa Electric Company's Big Bend Manatee Refuge. (i) The Tampa Electric Company's Big Bend Manatee Refuge is described as the entrance channel and those waters south of the manatee sanctuary at the Tampa Electric Company's Big Bend Electric Generating Station within Hillsborough County, Florida; containing approximately 89.35 ha (220.79 acres).

(ii) Watercraft are required to operate at idle speed from November 15 through March 31. Watercraft are prohibited from operating at speeds greater than idle speed from November 15 through March 31, inclusive.

(4) The Port Sutton Manatee Refuge. (i) The Port Sutton Manatee Refuge is described as those waters surrounding the Port Sutton Manatee Sanctuary, including all waters within Port Sutton, Hillsborough County, Florida; containing approximately 39.2 ha (96.9 acres).

(ii) Watercraft are required to operate at idle speed from November 15 through March 31, inclusive. Watercraft are prohibited from operating at speeds greater than idle speed from November 15 through March 31, inclusive.

(5) The Little Sarasota Bay Manatee Refuge. (i) The Little Sarasota Bay Manatee Refuge is described as those waters lying southerly of a line that bears north 90 degrees 00′00″ E (true) and runs through the southerly tip of the first unnamed island south of Red Intracoastal Waterway Channel Marker “40” (latitude 27 degrees 10′07″ N, longitude 82 degrees 30′05″ W) and those waters lying northerly of the Blackburn Point Bridge, Sarasota County, Florida; containing approximately 214.2 ha (529.40 acres).

(ii) Watercraft are required to proceed at slow speed, 40 kilometers per hour (25 miles per hour) within the channel, year-round. Watercraft are prohibited from operating in excess of slow speed outside of the channel and operating at speeds in excess of 40 kilometers per hour (25 miles per hour) within the channel, year-round.

(6) The Lemon Bay Manatee Refuge. (i) The Lemon Bay Manatee Refuge is described as those waters of Lemon Bay lying south of the Sarasota/Charlotte County, Florida, boundary and north of a line north 60 degrees 14′00″ E (true) parallel with a series of small islands approximately 1.6 kilometer (1 mile) south of the Bay Road Bridge; containing approximately 383.61 ha (948.06 acres).

(ii) Watercraft are required to proceed at slow speed, 40 kilometers per hour (25 miles per hour) within the channel, year-round. Watercraft are prohibited from operating in excess of slow speed outside of the channel and operating at speeds in excess of 40 kilometers per hour (25 miles per hour) within the channel, year-round.

(7) The Peace River Manatee Refuge. (i) The Peace River Manatee Refuge is described as all waters of the Peace River and certain associated water bodies north and east of the U.S. Highway 41, Charlotte and De Soto Counties, Florida; containing approximately 1.698.11 ha (4,196.11 acres).

(ii) In the Peace River in Charlotte County, watercraft are required to travel at slow speed within a posted shoreline buffer between the US Highway 41 and I-75 bridges. The buffer is approximately 300 meters (1,000 feet) from shore except in a slightly larger area north and west of I-75 to be consistent with recently adopted Florida Fish and Wildlife Conservation Commission's regulations. Watercraft are allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) year-round outside the buffer. Watercraft are prohibited from traveling in excess of slow speed within the posted shoreline buffer between the U.S. Highway 41 and I-75 bridges and are further prohibited from operating in excess of 40 kilometers per hour (25 miles per hour) outside the buffer throughout the year.

(iii) In the Peace River within Charlotte County and upstream of I-75 to red channel marker “14,” watercraft are required to travel at slow speed outside of the marked navigation channel. Watercraft are allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) year-round inside the marked navigation channel. Watercraft are prohibited from traveling in excess of slow speed in areas outside of the navigation channel and are further prohibited from traveling in excess of 40 kilometers per hour (25 miles per hour) inside the marked navigation channel, year-round.

(iv) In the waters of the Peace River in Charlotte and De Soto Counties upstream of red channel marker “14,” watercraft are allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) year-round. Watercraft are prohibited from traveling in excess of 40 kilometers per hour (25 miles per hour), year-round, in this area.

(v) Within the waters of Jim Long Lake and Hunter Creek in Charlotte and De Soto Counties, watercraft are required to travel at slow speed year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round.

(vi) Within the waters of Deep Creek in Charlotte and De Soto Counties, watercraft are required to travel at slow speed year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round.

(vii) Within the waters of Shell Creek in Charlotte County, watercraft are required to travel at slow speed year-round with the following exception. Should a U.S. Coast Guard or State of Florida approved marked navigation channel be established in that portion of Shell Creek approximately 1.6 kilometers (1 mile) downstream of the Seaboard Railroad trestles, watercraft will be allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) in this section of Shell Creek upon posting by the Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round.

(9) The Haulover Canal Manatee Refuge. (i) The Haulover Canal Manatee Refuge is described as all waters lying within Haulover Canal in Brevard County, Florida; containing approximately 8.95 ha (22.11 acres).

(ii) Watercraft are required to proceed at slow speed (channel included) year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round.

(i) The Caloosahatchee River—San Carlos Bay Manatee Refuge is described as all waters of the Caloosahatchee River and San Carlos Bay downstream of the Seaboard Coastline trestle at Beautiful Island to Channel Marker “93” and from Channel Marker “99” to the Sanibel Causeway, in Lee County. A map showing the refuge and four maps showing specific areas in the refuge are at paragraph (10)(x) of this section.

(ii) From the Seaboard Coastline Railroad trestle at Beautiful Island, downstream to Channel Marker “25”, a distance of approximately 1.6 kilometers (1 mile), watercraft are required to proceed at slow speed in the marked navigation channel from November 15 to March 31 and at not more than 40 kilometers per hour (km/h) (25 miles per hour) in the channel from April 1 to November 14. See map of “Edison Bridge Area” in paragraph (10)(x) of this section.

(iii) From a point 152 meters (500 feet) east of the Edison Bridge downstream to a point 152 meters (500 feet) west of the Caloosahatchee Bridge, approximately 1.1 kilometers (0.7 mile) in length, shoreline-to-shoreline (including the marked navigation channel), watercraft are required to proceed at slow speed (channel included), year-round. See map of “Edison Bridge Area” in paragraph (10)(x) of this section.

(iv) From a point 152 meters (500 feet) west of the Caloosahatchee Bridge downstream to a point 152 meters (500 feet) northeast of the Cape Coral Bridge, a distance of approximately 10.9 kilometers (6.8 miles), watercraft are required to proceed year-round at slow speed, while traveling within shoreline buffers extending out from the shore to a minimum distance of approximately 402 meters (1,320 feet), as marked. Watercraft, with the exception of seaplanes, are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (including the marked navigation channel where not more restrictively designated). See map of “Cape Coral Bridge Area” in paragraph (10)(x) of this section.

(v) From a point 152 meters (500 feet) northeast of the Cape Coral Bridge downstream to a point 152 meters (500 feet) southwest of the Cape Coral Bridge, a distance of approximately 0.4 kilometer (0.25 mile), shoreline-to-shoreline (excluding the marked navigation channel), watercraft are required to proceed at slow speed, year-round. In the marked navigation channel, watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year. See map of “Cape Coral Bridge Area” in paragraph (10)(x) of this section.

(vi) From a point 152 meters (500 feet) southwest of the Cape Coral Bridge to Channel Marker “72,” a distance of approximately 1.9 kilometers (1.2 miles), watercraft are required to proceed year-round at slow speed, while traveling within shoreline buffers extending out from the shore to a minimum distance of approximately 402 meters (1,320 feet), as marked. Watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (including the marked navigation channel where not more restrictively designated). See map of “Redfish Point Area” in paragraph (10)(x) of this section.

(vii) From Channel Marker “72” to Channel Marker “76” (in the vicinity of Redfish Point), for a distance of approximately 1.8 kilometers (1.1 miles) in length, shoreline-to-shoreline (including the marked navigation channel), watercraft are required to proceed at slow speed, year-round. See map of “Redfish Point Area” in paragraph (10)(x) of this section.

(viii) From Channel Marker “76” to Channel Marker “93,” a distance of approximately 5.2 kilometers (3.2 miles) in length, watercraft are required to proceed year-round at slow speed, while traveling within shoreline buffers extending out from the shore to a minimum distance of approximately 402 meters (1,320 feet), as marked. Watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (including the marked navigation channel where not more restrictively designated). See map of “Redfish Point Area” in paragraph (10)(x) of this section.

(ix) Except as described below and as marked, from Channel Marker “99” to the Sanibel Causeway, watercraft are required to proceed at slow speed year-round in San Carlos Bay within the following limits: A northern boundary described by the southern edge of the marked navigation channel, a line approximately 2.9 kilometers (1.8 miles) in length; a southern boundary described by the Sanibel Causeway (approximately 1.9 kilometers (1.2 miles) in length); a western boundary described by a line that connects the western end of the easternmost Sanibel Causeway island and extending northwest to Channel Marker “7” (approximately 2.9 kilometers (1.8 miles) in length); and the eastern boundary includes the western limit of the State-designated manatee protection area (68C-22.005) near Punta Rassa (approximately 2.9 kilometers (1.8 miles) in length). However this area excludes the marked navigation channel from Channel Marker “99” to the Sanibel Causeway and adjacent waters, as marked. See map of “San Carlos Bay” in paragraph (10)(x) of this section.

(i) The Lower St. Johns River Manatee Refuge is described as portions of the St. Johns River and adjacent waters in Duval, Clay, and St. Johns Counties from Sandfly Point (the intersection of the right descending bank of the Trout River and the left descending bank of the St. Johns River) and Reddie Point, as marked, upstream to the mouth of Peter's Branch, including Doctors Lake, in Clay County on the western shore, and to the southern shore of the mouth of Julington Creek in St. Johns County on the eastern shore. A map showing the refuge and two maps showing specific areas of the refuge are at paragraph (11)(vi) of this section.

(ii) In the St. Johns River from Sandfly Point on the left descending bank of the St. Johns River and Reddie Point on the right descending bank of the St. Johns River, upstream to the Hart Bridge, a distance of approximately 5.5 miles (8.8 km), watercraft are required to proceed at slow speed, year-round, within 300 feet (91 m) of the shoreline on the left descending bank of the St. Johns River and within a buffer as marked, typically about 1,000 feet (305 m) from the shoreline along the right descending bank of the river. The slow speed designation also includes that portion of the river between Exchange Island and the right descending bank, a marked buffer approximately 300 feet (91 m) along the west (channel-ward) shoreline of Exchange Island, and a portion of the Arlington River as marked. Watercraft are also required to proceed at not more than 25 miles per hour (40 km/h), year round, in the area posted as such between these slow speed shoreline buffers. See map of “St. Johns River Bridges Area” in paragraph (11)(vi) of this section.

(iii) From the Hart Bridge to the Main Street Bridge, a distance of approximately 2 miles (3.2 km), watercraft are required to proceed at slow speed, year-round, outside the marked navigation channel and at speeds of not more than 25 miles per hour (40 km/h) in the marked channel (from Channel Marker “81” to the Main Street Bridge, the channel is defined as the line of sight extending west from Channel Markers “81” and “82” to the fenders of the Main Street Bridge). See map of “St. Johns River Bridges Area” in paragraph (11)(vi) of this section.

(iv) From the Main Street Bridge to the Fuller Warren Bridge, a distance of approximately 1 mile (1.6 km), shoreline to shoreline, watercraft are required to proceed at slow speed (channel included), year-round. See map of “St. Johns River Bridges Area” in paragraph (11)(vi) of this section.

(v) Upstream of the Fuller Warren Bridge: for a distance of approximately 19.3 miles (31.1 km) along the left descending bank of the St. Johns River, watercraft are required to proceed at slow speed, year-round, in a 700-foot (213 m) to 1,000-foot (305 m) as-marked, shoreline buffer from the Fuller Warren Bridge to the south bank of the mouth of Peter's Branch in Clay County; for a distance of approximately 20.2 miles (32.5 km) along the right descending bank of the St. Johns River, watercraft are required to proceed at slow speed, year round, in a 700-foot (213 m) to 1,000-foot (305 m) as marked, shoreline buffer from the Fuller Warren Bridge to the south bank of the mouth of Julington Creek in St. Johns County (defined as a line north of a western extension of the Nature's Hammock Road North); and in Doctors Lake in Clay County watercraft are required to proceed at slow speed, year-round, in a 700-foot (213 m) to 900-foot (274 m) as-marked, shoreline buffer (approximately 12.9 miles (20.8 km)). See map of “Lower St. Johns River” in paragraph (11)(vi) of this section.

(vi) Three maps of the Lower St. Johns River Manatee Refuge follow:

ER06AU03.063ER28AP05.000ER06AU03.065

(12) The Halifax and Tomoka Rivers Manatee Refuge.

(i) The Halifax and Tomoka Rivers Manatee Refuge is described as the Halifax River and associated waterbodies in Volusia County, from the Volusia County—Flagler County line to New Smyrna Beach. A map showing the refuge and eight maps showing specific areas in the refuge are at paragraph (12)(xii) of this section.

(ii) From the Volusia County—Flagler County line at Halifax Creek south to Channel Marker “9,” a distance of approximately 11.3 kilometers (7.0 miles) in length, watercraft are required to proceed at not more than 40 km/h (km/h)(25 miles per hour) in the channel. See maps of “Halifax Creek” and “Tomoka River Basin” in paragraph (12)(xii) of this section.

(iii) From Channel Marker “9” to a point 152 meters (500 feet) north of the Granada Bridge (State Road 40) (including the Tomoka Basin), a distance of approximately 5.0 km (3.1 miles) in length, watercraft are required to proceed at not more than 40 km/h (25 mph) in areas between the existing 91-meter (300-foot) buffers (and including the marked navigation channel). See maps of “Tomoka River Basin” and “Tomoka River” in paragraph (12)(xii) of this section.

(iv) In the Tomoka River, from the I-95 Bridge to Alligator Island, as marked, a distance of approximately 1.6 kilometers (1 mile), watercraft are required to proceed at slow speed, shoreline to shoreline, from April 1 to August 31. See map of “Tomoka River” in paragraph (12)(xii) of this section.

(v) From 152 meters (500 feet) north to 305 meters (1,000 feet) south of the Granada Bridge (State Road 40), a distance of approximately 0.5 kilometers (0.3 miles) in length, watercraft are required to proceed at slow speed, year-round, shoreline to shoreline. See map of “Halifax River A” in paragraph (12)(xii) of this section.

(vi) From a point 305 meters (1,000 feet) south of the Granada Bridge (State Road 40) to a point 152 meters (500 feet) north of the Seabreeze Bridge, a distance of approximately 6.4 km (4.0 miles) in length, watercraft are required to proceed at not more than 40 km/h (25 mph) in areas between the existing 91-meter (300-foot) buffers (and including the marked navigation channel). See map of “Halifax River A” in paragraph (12)(xii) of this section.

(vii) As marked, from 152 meters (500 feet) north of the Seabreeze Bridge, to 152 meters (500 feet) north of the Main Street bridge, a distance of approximately 1 kilometer (1 mile) in length, watercraft are required to proceed at slow speed (channel included), year-round. See map of “Halifax River B” in paragraph (12)(xii) of this section.

(viii) From Channel Marker “40” to a point a minimum of 152 meters (500 feet) north, as marked, of the Dunlawton Bridge, a distance of approximately 14.5 kilometers (9 miles) in length, watercraft are required to proceed at not more than 40 km/h (25 mph) in areas between the existing 91-meter (300-foot) buffers (and including the marked navigation channel). See map of “Halifax River B” in paragraph (12)(xii) of this section.

(ix) As marked, a minimum of 152 meters (500 feet) north to 152 meters (500 feet) south of the Dunlawton Bridge, a distance of approximately 0.3 kilometers (0.2 miles) in length, watercraft are required to proceed at slow speed (channel included), year-round, shoreline to shoreline; and adjacent to the western shoreline of the Halifax River north of the Dunlawton Bridge for a distance of approximately 640 meters (2,100 feet), and a minimum of 91 meters (300 feet) from shore, as marked, watercraft are required to proceed at slow speed, year-round. See map of “Halifax River B” in paragraph (12)(xii) of this section.

(x) As marked, from a minimum of 152 meters (500 feet) south of the Dunlawton Bridge to Redland Canal, a distance of approximately 10.5 kilometers (6.5 miles) in length, watercraft are required to proceed at not more than 40 km/h (25 mph) in waters not more restrictively designated; along the western shore of the Halifax River, a distance of approximately 3.1 km (1.95 miles), watercraft are required to proceed at not more than 40 km/h (25 mph) in the waters not more restrictively designated; in Rose Bay, a distance of approximately 2.7 km (1.7 miles), watercraft are required to proceed at not more than 40 km/h (25 mph) in waters not more restrictively designated; in Turnbull Bay, a distance of approximately 3.9 km (2.4 miles), watercraft are required to proceed at not more than 40 km/h (25 mph) in waters not more restrictively designated. See maps of “Ponce Inlet Area A,” “Ponce Inlet Area B,” and “Ponce Inlet Area C” in paragraph (12)(xii) of this section.

(xi) As marked, in the Intracoastal Waterway and adjacent waters from Redland Canal to the A1A Bridge (New Smyrna Beach, for a distance of approximately 5.3 kilometers (3.3 miles) in length, watercraft are required to proceed at slow speed (channel included), year-round. See map of “Ponce Inlet Area B” in paragraph (12)(xii) of this section.

(13) The Pine Island-Estero Bay Manatee Refuge. (i) Watercraft are required to proceed at slow speed all year in all waters of Matlacha Pass, south of a line that bears 90° and 270° from Matlacha Pass Green Channel Marker 77 (approximate latitude 26°40′00″ North, approximate longitude 82°06′00″ West), and north of Pine Island Road (State Road 78), excluding:

(A) The portion of the marked channel otherwise designated in paragraph (c)(13)(iii) of this section;

(B) All waters of Buzzard Bay east and northeast of a line beginning at a point (approximate latitude 26°40′00″ North, approximate longitude 82°05′20″ West) on the southwest shoreline of an unnamed mangrove island east of Matlacha Pass Green Channel Marker 77 and bearing 219° to the northeasternmost point (approximate latitude 26°39′58″ North, approximate longitude 82°05′23″ West) of another unnamed mangrove island, then running along the eastern shoreline of said island to its southeasternmost point (approximate latitude 26°39′36″ North, approximate longitude 82°05′09″ West), then bearing 115° to the westernmost point (approximate latitude 26°39′34″ North, approximate longitude 82°05′05″ West) of the unnamed mangrove island to the southeast, then running along the western shoreline of said island to its southwesternmost point (approximate latitude 26°39′22″ North, approximate longitude 82°04′53″ West), then bearing 123° to the northwesternmost point (approximate latitude 26°39′21″ North, approximate longitude 82°04′52″ West) of an unnamed mangrove island, then running along the western shoreline of said island to its southeasternmost point (approximate latitude 26°39′09″ North, approximate longitude 82°04′44″ West), then bearing 103° to the northwesternmost point (approximate latitude 26°39′08″ North, approximate longitude 82°04′41″ West) of a peninsula on the unnamed mangrove island to the southeast, then running along the southwestern shoreline of said island to its southeasternmost point (approximate latitude 26°38′51″ North, approximate longitude 82°04′18″ West), then bearing 99° to the southernmost point (approximate latitude 26°38′50″ North, approximate longitude 82°04′03″ West) of the unnamed mangrove island to the east, then bearing 90° to the line's terminus at a point (approximate latitude 26°38′50″ North, approximate longitude 82°03′55″ West) on the eastern shoreline of Matlacha Pass; and

(C) All waters of Pine Island Creek and Matlacha Pass north of Pine Island Road (State Road 78) and west and southwest of a line beginning at a point (approximate latitude 26°39′29″ North, approximate longitude 82°06′29″ West) on the western shoreline of Matlacha Pass and bearing 160° to the westernmost point (approximate latitude 26°39′25″ North, approximate longitude 82°06′28″ West) of an unnamed island, then running along the western shoreline of said island to its southernmost point (approximate latitude 26°39′18″ North, approximate longitude 82°06′24″ West), then bearing 128° to the northernmost point (approximate latitude 26°39′12″ North, approximate longitude 82°06′17″ West) of an unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southeasternmost point (approximate latitude 26°39′00″ North, approximate longitude 82°06′09″ West), then bearing 138° to a point (approximate latitude 26°38′45″ North, approximate longitude 82°05′53″ West) on the northern shoreline of Bear Key, then running along the northern shoreline of Bear Key to its easternmost point (approximate latitude 26°38′44″ North, approximate longitude 82°05′46″ West), then bearing 85° to the westernmost point (approximate latitude 26°38′45″ North, approximate longitude 82°05′32″ West) of Deer Key, then running along the northern shoreline of Deer Key to its easternmost point (approximate latitude 26°38′46″ North, approximate longitude 82°05′22″ West), then bearing 103° to the northwesternmost point (approximate latitude 26°38′45″ North, approximate longitude 82°05′17″ West) of the unnamed mangrove island to the east, then running along the western shoreline of said island to its southernmost point (approximate latitude 26°38′30″ North, approximate longitude 82°05′04″ West), then bearing 106° to the westernmost point (approximate latitude 26°38′30″ North, approximate longitude 82°04′57″ West) of the unnamed island to the southeast, then running along the northern and eastern shorelines of said island to a point (approximate latitude 26°38′23″ North, approximate longitude 82°04′51″ West) on its eastern shoreline, then bearing 113° to the northernmost point of West Island (approximate latitude 26°38′21″ North, approximate longitude 82°04′37″ West), then running along the western shoreline of West Island to the point where the line intersects Pine Island Road (State Road 78).

(ii) Watercraft are required to proceed at slow speed all year in all waters of Matlacha Pass, St. James Creek, and San Carlos Bay, south of Pine Island Road (State Road 78), north of a line 500 feet northwest of and parallel to the main marked channel of the Intracoastal Waterway, west of a line that bears 302° from Intracoastal Waterway Green Channel Marker 99 (approximate latitude 26°31′00″ North, approximate longitude 82°00′52″ West), and east of a line that bears 360° from Intracoastal Waterway Red Channel Marker 10 (approximate latitude 26°29′16″ North, approximate longitude 82°03′35″ West), excluding:

(A) The portions of the marked channels otherwise designated in paragraphs (c)(15)(iv) and (v) of this section;

(B) All waters of Matlacha Pass south of Pine Island Road (State Road 78) and west of the western shoreline of West Island and a line beginning at the southernmost point (approximate latitude 26°37′25″ North, approximate longitude 82°04′17″ West) of West Island and bearing 149° to the northernmost point (approximate latitude 26°37′18″ North, approximate longitude 82°04′12″ West) of the unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southernmost point (approximate latitude 26°36′55″ North, approximate longitude 82°04′02″ West), then bearing 163° to the line's terminus at a point (approximate latitude 26°36′44″ North, approximate longitude 82°03′58″ West) on the eastern shoreline of Little Pine Island;

(C) All waters of Matlacha Pass, Pontoon Bay, and associated embayments south of Pine Island Road (State Road 78) and east of a line beginning at a point (approximate latitude 26°38′12″ North, approximate longitude 82°03′46″ West) on the northwestern shoreline of the embayment on the east side of Matlacha Pass, immediately south of Pine Island Road and then running along the eastern shoreline of the unnamed island to the south to its southeasternmost point (approximate latitude 26°37′30″ North, approximate longitude 82°03′22″ West), then bearing 163° to the northwesternmost point of the unnamed island to the south, then running along the western shoreline of said island to its southernmost point (approximate latitude 26°37′15″ North, approximate longitude 82°03′15″ West), then bearing 186° to the line's terminus at a point (approximate latitude 26°37′10″ North, approximate longitude 82°03′16″ West) on the eastern shoreline of Matlacha Pass;

(D) All waters of Pine Island Creek south of Pine Island Road (State Road 78); and all waters of Matlacha Pass, Rock Creek, and the Mud Hole, west of a line beginning at a point (approximate latitude 26°33′52″ North, approximate longitude 82°04′53″ West) on the western shoreline of Matlacha Pass and bearing 22° to a point (approximate latitude 26°34′09″ North, approximate longitude 82°04′45″ West) on the southern shoreline of the unnamed island to the northeast, then running along the southern and eastern shorelines of said island to a point (approximate latitude 26°34′15″ North, approximate longitude 82°04′39″ West) on its northeastern shoreline, then bearing 24° to a point (approximate latitude 26°34′21″ North, approximate longitude 82°04′36″ West) on the southern shoreline of the large unnamed island to the north, then running along the southern and eastern shorelines of said island to a point (approximate latitude 26°34′31″ North, approximate longitude 82°04′29″ West) on its eastern shoreline, then bearing 41° to the southernmost point (approximate latitude 26°34′39″ North, approximate longitude 82°04′22″ West) of another unnamed island to the northeast, then running along the eastern shoreline of said island to its northwesternmost point (approximate latitude 26°35′22″ North, approximate longitude 82°04′07″ West), then bearing 2° to the southernmost point (approximate latitude 26°35′32″ North, approximate longitude 82°04′07″ West) of the unnamed island to the north, then running along the eastern shoreline of said island to its northernmost point (approximate latitude 26°35′51″ North, approximate longitude 82°03′59″ West), then bearing 353° to the line's terminus at a point (approximate latitude 26°36′08″ North, approximate longitude 82°04′01″ West) on the eastern shoreline of Little Pine Island; and

(E) All waters of Punta Blanca Bay and Punta Blanca Creek, east of the eastern shoreline of Matlacha Pass and east and north of the eastern and northern shorelines of San Carlos Bay.

(iii) Watercraft may not exceed 25 miles per hour, all year, in all waters within the main marked channel in Matlacha Pass south of Green Channel Marker 77 (approximate latitude 26°40′00″ North, approximate longitude 82°06′00″ West) and north of a line perpendicular to the channel at a point in the channel 1/4 mile northwest of the Pine Island Road Bridge (State Road 78).

(iv) Watercraft may not exceed 25 miles per hour, all year, in all waters within the main marked channel in Matlacha Pass south of a line perpendicular to the channel at a point in the channel 1/4 mile southeast of the Pine Island Road Bridge (State Road 78), and north of a line 500 feet northwest of and parallel to the main marked channel of the Intracoastal Waterway (just north of Green Channel Marker 1).

(v) Watercraft may not exceed 25 miles per hour, all year, in all waters within the marked channel in Matlacha Pass that intersects the main Matlacha Pass channel near Green Channel Marker 15 (approximate latitude 26°31′57″ North, approximate longitude 82°03′38″ West) and intersects the main marked channel of the Intracoastal Waterway near Green Channel Marker 101 (approximate latitude 26°30′39″ North, approximate longitude 82°01′00″ West).

(vi) Watercraft are required to proceed at slow speed from April 1 through November 15 in all canals and boat basins of St. James City and the waters known as Long Cut and Short Cut; and all waters of Pine Island Sound and San Carlos Bay south of a line beginning at the southernmost tip (approximate latitude 26°31′28″ North, approximate longitude 82°06′19″ West) of a mangrove peninsula on the western shore of Pine Island approximately 2200 feet north of Galt Island and bearing 309° to the southeasternmost point (approximate latitude 26°31′32″ North, approximate longitude 82°06′25″ West) of another mangrove peninsula, then running along the southern shoreline of said peninsula to its southwesternmost point (approximate latitude 26°31′40″ North, approximate longitude 82°06′38″ West), then bearing 248° to a point (approximate latitude 26°31′40″ North, approximate longitude 82°06′39″ West) on the eastern shoreline of an unnamed mangrove island, then running along the southern shoreline of said island to its southwesternmost point (approximate latitude 26°31′39″ North, approximate longitude 82°06′44″ West), then bearing 206° to the line's terminus at the northernmost point of the Mac Keever Keys (approximate latitude 26°31′09″ North, approximate longitude 82°07′09″ West), east of a line beginning at said northernmost point of the Mac Keever Keys and running along and between the general contour of the western shorelines of said keys to a point (approximate latitude 26°30′27″ North, approximate longitude 82°07′08″ West) on the southernmost of the Mac Keever Keys, then bearing 201° to a point (approximate latitude 26°30′01″ North, approximate longitude 82°07′19″ West) approximately 150 feet due east of the southeasternmost point of Chino Island, then bearing approximately 162° to Red Intracoastal Waterway Channel Marker 22 (approximate latitude 26°28′57″ North, approximate longitude 82°06′55″ West), then bearing approximately 117° to the line's terminus at Red Intracoastal Waterway Channel Marker 20 (approximate latitude 26°28′45″ North, approximate longitude 82°06′38″ West), north of a line beginning at said Red Intracoastal Waterway Channel Marker 20 and bearing 86° to a point (approximate latitude 26°28′50″ North, approximate longitude 82°05′48″ West) 1/4 mile south of York Island, then running parallel to and 1/4 mile south of the general contour of the southern shorelines of York Island and Pine Island to the line's terminus at a point on a line bearing 360° from Red Intracoastal Waterway Channel Marker 10 (approximate latitude 26°29′16″ North, approximate longitude 82°03′35″ West), and west and southwest of the general contour of the western and southern shorelines of Pine Island and a line that bears 360° from said Red Intracoastal Waterway Channel Marker 10, excluding the portion of the marked channel otherwise designated in paragraph (c)(13)(vii) of this section.

(vii) Watercraft may not exceed 25 miles per hour from April 1 through November 15 in all waters of the marked channel that runs north of the power lines from the Cherry Estates area of St. James City into Pine Island Sound, east of the western boundary of the zone designated in 17.108(c)(13)(vi), and west of a line perpendicular to the power lines that begins at the easternmost point (approximate latitude 26°30′25″ North, approximate longitude 82°06′15″ West) of the mangrove island on the north side of the power lines approximately 1,800 feet southwest of the Galt Island Causeway.

(viii) Watercraft are required to proceed at slow speed all year in all waters of San Carlos Bay and Punta Rassa Cove east of a line that bears 352° from the northernmost tip of the northern peninsula on Punta Rassa (approximate latitude 26°29′44″ North, approximate longitude 82°00′33″ West), and south of a line that bears 122° from Intracoastal Waterway Green Channel Marker 99 (approximate latitude 26°31′00″ North, approximate longitude 82°00′52″ West), including all waters of Shell Creek and associated waterways.

(ix) Watercraft are required to proceed at slow speed all year in all waters of San Carlos Bay and the Caloosahatchee River, including the residential canals of Cape Coral, northeast of a line that bears 302° and 122° from Intracoastal Waterway Green Channel Marker 99 (approximate latitude 26°31′00″ North, approximate longitude 82°00′52″ West), west of a line that bears 346° from Intracoastal Waterway Green Channel Marker 93 (approximate latitude 26°31′37″ North, approximate longitude 81°59′46″ West), and north and northwest of the general contour of the northwestern shoreline of Shell Point and a line that bears approximately 74° from the northernmost tip (approximate latitude 26°31′31″ North, approximate longitude 81°59′57″ West) of Shell Point to said Intracoastal Waterway Green Channel Marker 93, excluding the Intracoastal Waterway between markers 93 and 99 (which is already designated as a Federal manatee protection area, requiring watercraft to proceed at slow speed, and is not impacted by this rule).

(x) Watercraft are required to proceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Hell Peckney Bay southeast of Hurricane Bay, northeast of the northern shorelines of Julies Island and the unnamed island immediately northwest of Julies Island and a line that bears 312° from the northwesternmost point of Julies Island (approximate latitude 26°26′37″ North, approximate longitude 81°54′57″ West), northwest of Estero Bay, and southwest of a line beginning at the southernmost point (approximate latitude 26°27′23″ North, approximate longitude 81°55′11″ West) of an unnamed mangrove peninsula in northwest Hell Peckney Bay and bearing 191° to the northernmost point (approximate latitude 26°27′19″ North, approximate longitude 81°55′11″ West) of an unnamed mangrove island, then running along the northern shoreline of said island to its southeasternmost point (approximate latitude 26°27′11″ North, approximate longitude 81°55′05″ West), then bearing 115° to a point (approximate latitude 26°27′03″ North, approximate longitude 81°54′47″ West) on the northwest shoreline of an unnamed mangrove island, then running along the northern shoreline of said island to its northeasternmost point (approximate latitude 26°27′02″ North, approximate longitude 81°54′33″ West), and then bearing 37° to the line's terminus at the westernmost point of an unnamed mangrove peninsula in eastern Hell Peckney Bay.

(xi) Watercraft are required to proceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Hendry Creek south of a line that bears 270° from a point (approximate latitude 26°28′40″ North, approximate longitude 81°52′56″ West) on the eastern shoreline of Hendry Creek; and all waters of Estero Bay southeast and east of Hell Peckney Bay, a line that bears 340° from a point (approximate latitude 26°25′56″ North, approximate longitude 81°54′25″ West) on the northern tip of an unnamed mangrove peninsula on the northeastern shoreline of Estero Island, and the northern shoreline of Estero Island, south of Hendry Creek and a line that bears 135° and 315° from Red Channel Marker 18 (approximate latitude 26°27′46″ North, approximate longitude 81°52′00″ West) in Mullock Creek, and north of a line that bears 72° from the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island, including the waters of Buccaneer Lagoon at the southern end of Estero Island, but excluding:

(A) The portions of the marked channels otherwise designated in paragraph (c)(13)(xiii) of this section;

(B) The Estero River; and

(C) To waters of Big Carlos Pass east of a line beginning at a point (approximate latitude 26°24′34″ North, approximate longitude 81°53′05″ West) on the eastern shoreline of Estero Island and bearing 36° to a point (approximate latitude 26°24′40″ North, approximate longitude 81°53′00″ West) on the southern shoreline of Coon Key, south of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the eastern shoreline of Coon Key and bearing 106° to a point (approximate latitude 26°24′39″ North, approximate longitude 81°52′34″ West) on the southwestern shoreline of the unnamed mangrove island north of Black Island, and west of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the southern shoreline of said unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island.

(xii) Watercraft are required to proceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Estero Bay and Big Hickory Bay south of a line that bears 72° from the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island, east of the centerline of State Road 865 (but including the waters of the embayment on the eastern side of Black Island and the waters inshore of the mouth of Big Hickory Pass that are west of State Road 865), and north of a line that bears 90° from a point (approximate latitude 26°20′51″ North, approximate longitude 81°50′33″ West) on the eastern shoreline of Little Hickory Island, excluding Spring Creek and the portions of the marked channels otherwise designated under 17.108(c)(13)(xiii) and the portion of Hickory Bay designated in paragraph (c)(13)(xiii) of this section.

(xiii) Watercraft may not exceed 25 miles per hour all year in:

(A) All waters of Big Hickory Bay north of a line that bears 90° from a point (approximate latitude 26°20′51” North, approximate longitude 81°50′33″ West) on the eastern shoreline of Little Hickory Island, west of a line beginning at a point (approximate latitude 26°20′48″ North, approximate longitude 81°50′24″ West) on the southern shoreline of Big Hickory Bay and bearing 338° to a point (approximate latitude 26°21′39″ North, approximate longitude 81°50′48″ West) on the water in the northwestern end of Big Hickory Bay near the eastern end of Broadway Channel, south of a line beginning at said point on the water in the northwestern end of Big Hickory Bay and bearing 242° to the northernmost point (approximate latitude 26°21′39″ North, approximate longitude 81°50′50″ West) of the unnamed mangrove island south of Broadway Channel, and east of the eastern shoreline of said mangrove island and a line beginning at the southernmost point of said island (approximate latitude 26°21′07″ North, approximate longitude 81°50′58″ West) and bearing 167° to a point on Little Hickory Island (approximate latitude 26°21′03″ North, approximate longitude 81°50′57″ West);

(C) All waters of the main marked North-South channel in southern Estero Bay south of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the southern shoreline of the unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island, and north and east of Red Channel Marker 62 (approximate latitude 26°21′31″ North, approximate longitude 81°51′20″ West) in Broadway Channel;

(D) All waters within the portion of the marked channel leading to the Gulf of Mexico through New Pass, west of the North-South channel and east of State Road 865; all waters of the marked channel leading to Mullock Creek north of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the eastern shoreline of Coon Key and bearing 106° to a point (approximate latitude 26°24′39″ North, approximate longitude 81°52′34″ West) on the southwestern shoreline of the unnamed mangrove island north of Black Island, and south of Red Channel Marker 18 (approximate latitude 26°27′46″ North, approximate longitude 81°52′00″ West);

(E) All waters of the marked channel leading from the Mullock Creek Channel to the Estero River, west of the mouth of the Estero River. (This designation only applies if a channel is marked in accordance with permits issued by all applicable State and federal authorities. In the absence of a properly permitted channel, this area is as designated under paragraph (c)(13)(xi) of this section);